Counting the hours on and off set differently: local vs. distant vs. locked shoots
Principal photography — or shoot — takes place either in or near studio (called Local), or out-of-town (Distant). A variation of either houses the production staff within or near the distant location for the entire period (Locked), which allows for a more coordinated movement and timings among cast and crew.
By differentiating the three, productions can maximize the hours of work and rest — meal times, even — during shoot, based on their varying circumstances.
Work hours. Production crew must be guaranteed of 10 paid hours for regular work, from call to wrap, including set-down, for local shoots or up to 12 hours for distant and locked (Guaranteed Hours).
But in no case must a shoot exceed 16 hours of actual work, including meal breaks — 14 hours, for distant shoots — in any 24-hour period.
Taking into account the turnaround times (more on this later), productions are thus allowed up to 4 hours of overtime (with an extra hour for second meals; see below) for local shoots, 1 hour for distant, and 2 hours for locked.
How about the package rates? Package rates can still work, such that, instead of hourly credits, the producer and crew agree on a flat rate for a whole day’s work, up to the maximum hours available for overtime.
Additional overtime thereafter must be compensated the usual rate i.e. 125% of the hourly rate, based on the original guaranteed hours.
Work hours are counted on an individual or departmental basis, beginning from arrival either on set for local and locked shoots or at the pullout location for distant. Meal breaks are not compensated and, thus, excluded in the count.
Late arrivals sans justifiable reasons nor prior notice cannot be compensated and will be deducted from the erring crew’s guaranteed hours.
Meal breaks. Crew must break for hot meals within 15 minutes after 6 hours, first, from the earliest call and, second, from the time of resumption following the initial break. Each meal break must last for at least 45 minutes.
A second meal is waived if the shoot is wrapped within 30 minutes following the original time limit (Grace Period). Otherwise, it becomes mandatory. Arrangements for Grace Periods must be clearly stated, and agreed to by the production crew, in the Crew Agreement.
In locked shoots, however, hot meals must be served at regular times — breakfast, lunch, and dinner — regardless of actual meal breaks on set.
Rest periods. At least 8 hours — 10 hours, for distant shoots — beginning from the end of a work day must lapse before a crew can be again called (Turnaround Time).
A penalty in the form of additional compensation towards the affected crew, equal to 130% of the hourly rate, is imposed for every hour earlier than the supposed time of next call, or a fraction thereof (Forced Call).
In addition, production must break for 24 hours, uninterrupted, for every 5 consecutive days of shoot (Rest Day). Concerned crew may then charge premium pay of 130% of their daily rate for work done on a rest day, consistent with Art. 87 of the Philippine Labor Code.
A sidebar; Turnaround times can be increased, especially in this time of pandemic, by taking hours off the allowable overtime e.g. 10 hours turnaround and 2 hours of allowable overtime for local shoots, and 10 hours and none for locked.
While we are on the subject of work hours, it is also worthy to include prep and wrap work.
Prep and Wrap. The producer and crew must agree on the number of paid days for prep and wrap work. Production crew must be paid at least half of the daily shoot rate for each day of work.
Alternative payments may be agreed upon e.g. a fixed fee or package rate, provided that it must not be less than the sum total of the rate as contemplated above. In any case, overtime and premium pays shall not apply.
